In the spring of 2004, a retired teacher urged parents attending a Tokyo high school graduation ceremony to remain seated during the playing of the national anthem. Last week, the Tokyo District Court fined him 200,000 yen for "obstructing" the ceremony.
In the background is the Tokyo Metropolitan Board of Education's October 2003 order requiring schools to display the Hinomaru national flag and teachers to stand up and sing the Kimigayo national anthem at graduation and enrollment ceremonies. Another order requires teachers to "properly guide" students during school ceremonies. The court ruling will have the effect of intimidating teachers opposed to or reluctant to follow the orders. As such, it could undermine the right to freedom of thought and conscience and the freedom of speech and expression, as guaranteed by the Constitution.
The Hinomaru flag and the Kimigayo anthem are an ideological issue because many people associate them with modern Imperial Japan's militarism and aggression. A law enacted in 1999 declares that the Hinomaru and Kimigayo are the national flag and anthem. During the Diet debate, the government explained that the duty of singing the anthem and paying respect to the flag would not be imposed on citizens. But it said that teachers cannot try to refuse to guide students by citing the right to freedom of thought and conscience.